General Terms & Conditions for Consumer Services

These terms apply to customers of all consumer services, and apply in addition to any product-specific terms. Where there is a conflict, the product-specific terms will apply.

  1. Your agreement with Fibercity

By signing this terms and conditions, you agree that you are signing an agreement with Fibercity Limited as your internet service provider. You agree on all the terms and policies referred in this Agreement; including our Acceptable Use Policy, our Privacy Policy, the Website Terms of Use and the Service Terms and Service Agreement relevant to your Plan (if any) that can be found in our website.

You undertake that all of the information you have given us in establishing your Services is correct and complete and that you will notify us immediately of any change of address or relevant contact details.

  • Eligibility to request Services: To be eligible to for the Services, you must:
  1. be at least 18 years of age;
    1. supply acceptable identification;
      1. qualify under our credit policy (including not having any outstanding debt with us);
      1. supply a valid contact details such as email address and mobile number so that we can contact you.
  • Definitions

The following definitions of the words used in this document can be found below:

“we”, “our”, “us” or “Fibercity” refers to Fibercity Limited, and “you” or “your” refers to the Customer.

“Charges” means the amounts payable to Fibercity by you for the Services you have signed up for.

“Commencement Date”, unless otherwise specified, means the date on which we notify you that the Service is available.

“Due Date” means the date that payment is due, as specified in the tax Invoice.

“Equipment” means any hardware, software, or device used in connection with a Service.

“Internet Services” refers to Services that provide connection and access to the Internet. Such Services include fibre, VDSL and ADSL.

“Invoice” means an account, sent to you by Fibercity, detailing applicable Charges and amounts to be paid by a Due Date.

“Network” refers to the telecommunication systems and infrastructure owned by Fibercity and/or any related company, which is used to provide Services to you.

“Plan” refers to a specific product or service we might offer, that is offered as a sub-set of a particular Service. So, for example we might offer a “special deal on fibre broadband for a 6-month fixed term”. Fibre broadband is the Service, the offer (pricing/terms) is the plan.

“Service”, “Services”, “Product”, or “Products” shall refer to all goods and services of any kind that we provide to you as specified in a Service Agreement.

“Service Agreement” means Your chosen Plan {Note a Service Agreement is not effective or binding until we accept and confirm your order and verify that the requested Service and that the relevant installation method is available].

“Service Terms” means any specific terms between you and us pursuant to which we agree to supply you with specific products or services.

“Terms” means these Terms (which also called the “Consumer Terms”) together with any terms contained in a Service Agreement and Service Terms.

Other capitalised words, other than proper nouns, will be defined in these Consumer Terms or in a Service Agreement, or otherwise refer to other terms or policies available on our website such as the Acceptable Use Policy, the Privacy Policy and the Website Terms of Use.

  • Protection of your personal information

The privacy of your personal information is important to us, and we take obligations under the Privacy Act 1993 seriously. You agree that we and our authorised suppliers can collect information about you and the way in which you use the Services, and use that information as Fibercity- General Terms & Conditions set out in our Privacy Policy. Our Privacy Policy is published on our Website.

In addition, we may record the calls you make to us, which we use for training purposes and from time to time, to verify information. You agree and accept that Fibercity may, when legally requested to do so, share information we have obtained from you with others for the purpose of monitoring and investigating fraud and other offences.

  • Credit Checks

As part of your Application we may verify your identity and credit status with our authorised suppliers. You authorise us to verify your credit status with any credit reference agency, at our cost, and to disclose information about you to any credit reference agency for that purpose. Subject to any applicable privacy laws, we do not

have to disclose our credit criteria or the reasons for our decision. We do not accept responsibility for the accuracy of any information provided to us about you by a credit reference agency.  We may impose conditions on your Service as a result of those checks including imposing a credit limit.

  • Your agreement to our suppliers’ & partners’ terms

You may be required to agree to our suppliers’ terms so that we can deliver the Services to you. Copies of any applicable supplier terms will be made available to you as part of your Application or published on our (or the supplier’s) Website, or both.

  • Use of our Services – our commitment to you
  • We’ll take reasonable skill and care to provide you with services in a reasonable timeframe and we will take all reasonable efforts to ensure our services do everything we say they will. We’ll do this as best we can, but there are some things we can’t control, such as systems and technology we don’t own. This means we can’t promise or guarantee that our services will be available everywhere, always suit your needs, work all the time, never break or that speeds will never vary. 
  • If you let us know about a problem with our services, we’ll do our best to fix it as soon as possible. This may mean that we need to arrange for a service technician to visit your place. If the technician finds there are no problems with our networks or equipment, you may need to pay the cost of the service technician to be sent out. We will let you know in advance what the cost will be. 
  • Modem
    • Your choice of modem may impact your broadband experience. If you will provide your own modem, speed of your internet may vary and cannot guarantee its compatibility with our services.
    • A $80 fee will apply if you need us to visit your premise and configure your modem.
    • If you rent or purchase a modem from Fibercity, settings will be provided by us.
  • Use of our Services – consumer’s responsibilities

When using our Services, you are expected to:

  1. use our Services in a reasonable and responsible manner
  2. act in accordance with and meet all the obligations outlined by us in our Acceptable Use Policy 
  3. only use our Services for your own personal, non-commercial use (or if you are operating a business from home you are only using these Services for internal business processes)
  4. accept full responsibility for all use of our Services, including anyone else using our Services.
  5. Comply with any applicable Fair Use Policies.

You are responsible for all access, security and use of the Services we provide to you, regardless of who accesses and uses them. You must advise us immediately if you suspect or become aware of any unauthorised access or use of the Services on your account, in which case we will consider, acting reasonably and in good faith, who ought to bear responsibility for the relevant Charges.

  • Charges, billing & payment

The cost (“Charges”) for each Product or Service shall be outlined in this Agreement and shall begin from the Commencement Date, regardless of when they begin to be used. We will invoice you monthly, and you agree to pay the full amount by the due date shown on your Invoice. However, we may send you Invoices at such intervals and on such dates as we deem appropriate. If we change the frequency of your invoice or recurring date of invoice, we will give you at least 30 days’ notice.

You’ll need to make sure you pay your bills by their due date, otherwise we may:

  1. Charge you a late payment fee of $15 (inclusive of GST). This fee reflects what it costs us to recover the money you haven’t paid, and you’ll be automatically charged this;
  2. Restrict the service or stop providing it to you. If your service is suspended, you’ll need to pay a reconnection fee.
  3. If you’re disconnected, we may pass your debt to a debt collection agency. We or the debt collection agency may charge you what it costs to get help recovering the money you haven’t paid. For example, this cost may include legal fees. 

Paying your bills by credit card. When you pay your bill using a credit card or charge card, you’ll also be charged a surcharge. This fee depends on the type of card and whether it’s a recurring payment or not. You’ll see this fee on your credit card statement as a separate charge, called Payment Card Surcharge.

  1. Changing your Services

You may apply for additional Services or request changes to be made to existing Services, by contacting our customer service team on 0800828880 or support@fibercity.co.nz . Any changes you request will become effective from the start of your next Billing Period. You acknowledge that any change you request may impact the Charges that apply to you. An early termination charge may apply if you cancel or downgrade any Services that apply to a Fixed Term Plan.

If you move premises then you must give us at least one month’s notice before you move.

  1. Cancellation or terminating the Services

You have a 5 days grace period of free cancellation from the date you sign-up with Fibercity.  Once your connection is running beyond 5 days, you can cancel our Service any time but you must give us one month notice and pay us any money you owe us.  During the one-month notice period, we will continue to provide the Service (unless you ask to disconnect earlier).  We will charge you for the full notice period even if you request an earlier disconnection. 

If you change or terminate your Services during a fixed term contract, we can charge you early termination charges, or transfer fees, as set out in the applicable Plan terms. However, if we agree that we are in material breach of our obligations (and we do not remedy it within 30 days of you telling us), you can cancel the service without any early termination charges; this applies to the stand alone or particular service only that you raised and not the whole bundle or package you have with us.

Upon termination, all payments due by you to us will be immediately due and payable and you agree to pay these amounts immediately on demand.

  1. When we can restrict or cancel your Services

We may restrict, suspend, or cancel your Services if:   

  1. the health and safety of any person or the safety and security of our Network is at risk;
  2. for commercial reasons we can’t provide the Service;
  3. the Service is permanently or temporarily unavailable for any reason;
  4. you fail to pay your bill on time;
  5. you use our Services or behave in a way that we reasonably consider to be abusive, offensive, excessive, unreasonable, inappropriate, illegal, unauthorised or fraudulent, or in any way that infringes anyone’s legal rights (such as copyright) or is likely to damage or negatively impact the operation of our Network, the Services or a third party’s network;
  6. you resell or resupply a Service, or use it other than for ordinary personal, domestic and household purposes;
  7. you do not follow our reasonable instructions in relation to your use of the Services;
  8. we reasonably consider you to be a credit risk;
  9. you are otherwise in material breach of this Agreement and the breach cannot be remedied, or you do not remedy it within 14 days of us asking you to do so; and
  10. you fail to allow us to access your premises to perform our obligations under this Agreement.
  1. Service Interruptions

We will use all reasonable endeavours to make the Services available to you at all times. However, the Services rely on us using and interconnecting with networks owned by third parties. Accordingly, we cannot guarantee that the Services will always be available or fully functioning. If the Services are unavailable for any reason we will endeavour to restore service as soon as possible. In supplying the Services we will always use our reasonable skill and care, and we will always aim to provide you with the best service possible, but are not able to guarantee that the Services will be: a. fault-free; b. interruption-free, or that any faults or errors will be able to be corrected; c. available at any particular time or location; d. always available, or available for any minimum period of time; e. secure or private; and/or f. free of viruses or other harmful features.

We reserve the right to temporarily suspend the Services or restrict access to our network for planned and unplanned maintenance or repair. We will use reasonable endeavours to minimise their duration. There is no charge for this except where you (or anyone for whom you are responsible) cause the interruption.

  1. Warranty
    1. Product Warranty – 12 months warranty is given for the products supplied by us.  This warranty does not cover the product if it is:
      1. Tampered
      1. Vandalised
      1. Customer’s fault
  • Installation Warranty – warranty valid within the length of term.  This warranty does not apply if:
    • Repaired by non-fibercity approved designated Technician
    • Exposed to elements of theft
    • Tampered
    • Vandalised
    • Customer’s fault
  1. Consumer Protection and Liability

Nothing in this section affects any rights you have under the Consumer Guarantees Act 1993 and the Fair Trading Act 1986, except if you’re using our services in a way that the Consumer Guarantees Act 1993 refers to as business use or for business transactions, then you acknowledge the provisions of that Act won’t apply to the services we provide to you.

Your liability to us

  1. If you breach this agreement, you’ll be liable to us for it, except to the extent that we caused the loss. For example, if you haven’t paid your bills, you’re liable to us for the money you owe.
  2. You agree to take reasonable steps to avoid or minimise any loss we could suffer from providing services to you.

Our liability to you

  • If we breach this agreement, we’ll be liable to you for it, except to the extent that you caused the loss. This might mean we have to put it right, or sometimes, that we owe you money. We’ll also be liable to you if we breach the law, e.g. where you have rights under the Consumer Guarantees Act 1993 or the Fair Trading Act 1986.
  • We agree to take reasonable steps to avoid or minimise any loss we could suffer from providing services to you.
  • We won’t be liable to you:
    • if we need to temporarily disconnect wiring or other equipment at your place to restore your services or provide goods and services to you;
    • for any loss that is caused by event that we don’t reasonably control, for example, because of an act of God, earthquake, terrorism, strike, shortage of suitable labour or materials or any third party network provider; or
    • for any indirect or consequential loss, or for any loss of profits, revenue, data, business, goodwill or savings.

Limits on liability

Our liability to each other for breach of contract, negligence or any other circumstance arising out of this agreement is limited to:  

  • $5,000 for any event or series of related events; and
    • a total of $10,000 in respect of all events in any 12-month period.
  • These limits are the maximum amounts payable (they’re not automatically payable if one of us does something wrong), and any claim for loss must be made within 12 months after the person making the claim becomes aware of the event. 
  • The limits outlined don’t limit your responsibility to pay any outstanding charges you owe us. They also don’t apply when it comes to any loss or damage caused by you or us for fraud, wilful breach or wilful damage.
  1. Resolving disagreements and disputes

Come to us first: If you have a concern or complaint to make about us, please get in touch with us first so we can do our best to try and resolve things for you. 

Telecommunications Dispute Resolution: If you have a dispute with Fibercity and we can’t agree on how to resolve it, you can go to an independent body called the Telecommunications Dispute Resolution (TDR). The TDR will work with both of us to resolve your dispute promptly and without bias. Before approaching the TDR, you need to have first made a complaint to Fibercity using the process at 7.1 above. Read about TDR

You agree that unless you dispute a Charge prior to the Due Date, then you accept that Charge as valid and agree to pay it in full and without any deduction or claim for set-off for any alleged claim not directly related to the Charge. If you dispute a Charge, you must notify us in writing by email immediately and without delay that the charge is in dispute, and in any event within 90 days of the date of our invoice to you (you agree that we will be entitled, in our discretion, to reject (in which case we will not be liable for) any dispute raised later than 90 days from the relevant invoice if there is no reasonable excuse provided for your delay in raising the dispute). We will investigate the dispute, and while we are doing this you do not need to pay the disputed amount but are required to pay any amount due that is not disputed by the Due Date.

If we agree with your assessment, we will issue a billing adjustment. If we do not agree with your assessment and you still dispute the account, then we agree that before we exercise our right to suspend or terminate any services, or commence any enforcement proceedings for recovery of any unpaid Charges, to meet within 5 working days to resolve the dispute in good faith. If not resolved, both parties may within a further 5 working days submit the dispute to a mediator agreed by the parties or, if not agreed, appointed by the President of the Auckland Branch of the New Zealand Law Society.

  1. The Filipino Channel / TFC

The Filipino Channel or TFC is a 24-hour global subscription television network that is available through online streaming, IPTV and video on demand.

Fibercity is a dealer of TFC, any technical concerns and troubleshooting must be addressed directly to the Technical Support Team of TFC.  You can go to this site – https://tfc.tv/help or dial 0800 450 754.

  1. Other important things

 

Confidential Information

All Product & Service information and pricing that is not on our website is to be treated as confidential and shall not be disclosed to any other party unless we agree to this in writing. You must also not disclose any commercially sensitive information that you receive from us, unless we agree to this in writing.

Invalidity and Severance

If any provision of these Terms is unlawful and/or unenforceable, then it will be severed from the rest of these Terms which shall remain in force. Each provision of these Terms is separately binding.

No Partnership & No Third-Party Rights

Nothing in these Terms is deemed to constitute either party as partners, agents, or legal representatives of the other. Neither you nor we intend to create rights in or grant remedies to any third party as a beneficiary of these Terms or any Agreement with you, and these Terms or any Agreement with you shall be for the sole and exclusive benefit of you and us.

New Zealand Law

All Products and Services are provided to you under New Zealand law. You may take action against us only in a New Zealand court or tribunal with the appropriate jurisdiction.

            Fibercity Limited Contact Details

            0800828880                            –          Fibercity Hotline

sales@fibercity.co.nz              –          Inquiries for sales, new customers and

                                                            partnership.

support@fibercity.co.nz          –          Inquiries for technical issues and other

                                                            related concerns of existing customers.

billing@fibercity.co.nz            –          Inquiries for any billing matters such as invoice

                                                                        and payment.

account@fibercity.co.nz         –          Inquiries for all other details regarding existing

                                                            customers.

Appendix A

Rented Equipment and property

Our rented equipment is provided to you on the expectation that it will be returned to us in good condition should you choose to terminate your services with us. Should you not return any rental equipment we have supplied to us in good condition within 30 days of the termination of your services with us, you will be liable to pay the full purchase price of the equipment to us as a penalty.  Cables, adapters, power cords, and other peripheral components supplied with the equipment are to be returned when the rented equipment is, or we may charge replacement costs for these.

We may charge you one-off courier charges to deliver and return this equipment. We may charge you additional configuration or support charges.  We will provide you with basic support for equipment rented from us, but unless explicitly agreed in your service agreement with us, this does not constitute a “Router Management Service” or similar.

We, or our suppliers will remain the owner of any Equipment unless we agree otherwise in writing.  You agree that you do not have any rights, title or interest in the Equipment and that we or our suppliers may remove the Equipment at any time. You are responsible for repairing, replacing or reimbursing us for any item of that Equipment that is lost, stolen or damaged while under your control. 

You agree we can provide you with enhancements or new capabilities for any Equipment used for Services.  If we need to install services at your premises, we will arrange a time with you for the installation.  If you live in rented premises, then it is your responsibility to get your landlord’s consent to the installation of the Services. If we visit your home at the time agreed and we are not able to gain entry, we may charge you for that visit. If you are not going to be home on the day scheduled for the installation, you may nominate someone (aged 18 or over) to make decisions about the installation on your behalf.

You are responsible for any home sockets and wiring in the premises where the Services are provided. If you notify us about a fault and we arrange for someone to visit your premises, you may be charged a fee for this if we find there is no fault, or the fault was caused by your wiring, equipment or hardware set up.

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